12 Fla. L. Weekly Supp. 157a
Insurance — Personal injury protection — Coverage — Plaintiff is resident relative entitled to PIP benefits under policy of sister-in-law
JOSE TORRES, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 03-CC-028761, Division J. November 4, 2004. Gaston J. Fernandez, Judge. Counsel: Roberto R. Alayon, Roberto R. Alayon, P.A., Tampa, for Plaintiff. David B. Kampf, Ramey, Ramey & Kampf, P.A., Tampa, for Defendant.
ORDER ON PROGRESSIVE’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE, having come before the Court on October 27, 2004, on Progressive’s Motion for Summary Judgment and the Court having reviewed the file, and being otherwise fully advised in the premises it is hereby
ORDERED and ADJUDGED that:
1. Progressive’s Motion for Summary Judgment shall hereby be GRANTED.
2. This Court finds that the definition of the term “relative” pursuant to Black’s law dictionary provides that a relative is one that “is connected with another or others by blood or affinity.” This Court finds that a sister-in-law is deemed to be connected by blood and/or affinity and, therefore, Plaintiff is a resident relative of his sister-in-law.
3. Therefore, based on the above, argument of Counsel and case law provided by Progressive, this Court finds that Plaintiff is entitled to no-fault benefits under the policy of the sister-in-law. Therefore, Plaintiff is not entitled to no-fault coverage under the Progressive policy at issue.
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